AN ACT incorporating the City of Henderson, in Clark County, Nevada, and
defining the boundaries thereof, under a new charter; and providing other
matters properly relating thereto.

[Approved April 13, 1971]

ARTICLE I - Incorporation of City; General Powers;
Boundaries; Wards and Annexations; City Offices; Charter Committee

Section 1.010 Preamble:
Legislative intent.

1. In order to provide for the orderly
government of the City of Henderson and the general welfare of its citizens the
Legislature hereby establishes this Charter for the government of the City of
Henderson. It is expressly declared as the intent of the Legislature that all
provisions of this Charter be liberally construed to carry out the express
purposes of the Charter and that the specific mention of particular powers
shall not be construed as limiting in any way the general powers necessary to
carry out the purposes of the Charter.

2. Any powers expressly granted by this
Charter are in addition to any powers granted to a city by the general law of
this state. All provisions of Nevada Revised Statutes which are applicable
generally to cities (not including, unless otherwise expressly mentioned in
this Charter, chapter 265, 266 or 267 of NRS) which are not in conflict
with the provisions of this Charter apply to the City of Henderson.

3. Except as otherwise expressly provided
in a particular section or required by the context:

(a) The masculine gender includes the feminine
and neuter genders.

(b) The singular number includes the plural
number and the plural includes the singular.

(c) The present tense includes the future tense.

Ê The use of a
masculine noun or pronoun in conferring a benefit or imposing a duty does not
exclude a female person from that benefit or duty. The use of a feminine noun
or pronoun in conferring a benefit or imposing a duty does not exclude a male
person from that benefit or duty.

(Ch. 266, Stats. 1971 p. 402; A—Ch. 596, Stats. 1995,
p. 2205)

Sec. 1.020 Incorporation
of City.

1. All persons who are inhabitants of that
portion of the State of Nevada embraced within the limits set forth in section
1.030 shall constitute a political and corporate body by the name of “City of
Henderson” and by that name they and their successors shall be known in law,
have perpetual succession and may sue or be sued in all courts.

2. Whenever used throughout this charter,
“City” means the City of Henderson.

(Ch. 266, Stats. 1971 p. 402)

Sec. 1.030 Description
of territory.The territory
embraced in the City is that certain land described in the official plat
required by NRS 234.250 to be
filed with the County Recorder and County Assessor of Clark County, as such
plat is revised from time to time.

(Ch. 266, Stats. 1971 p. 403)

Sec. 1.040 Wards:
Creation; boundaries.

1. The City must be divided into four
wards, which must be as nearly equal in population as can be conveniently
provided, and the territory comprising each ward must be contiguous.

2. The boundaries of wards must be
established and changed by ordinance. Except as provided in subsection 3, the
boundaries of wards must be changed whenever the population, as determined by
the City’s demographer and as revised figures are provided by the Planning
Department of the City, in any ward exceeds the population in any other ward by
more than 5 percent.

3. The boundaries of wards must not be
changed, except to accommodate an annexation of territory to the City, during
any year in which a general election is held.

Sec. 1.050 Annexations.The City may annex territory by following the
procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time
to time, which apply to a county whose population is 700,000 or more.

1. A vacancy in the City Council or in the
office of Mayor or Municipal Judge must be filled for the remainder of the
unexpired term by:

(a) A majority vote of the members of the City
Council, or the remaining members in the case of a vacancy in the City Council,
within 60 days after the occurrence of the vacancy appointing a person who has
the same qualifications as are required of the elective official; or

(b) A special election called by resolution of
the City Council. The resolution must call for the special election to be held
not later than 90 days after the vacancy occurs. Every candidate at the special
election must have the same qualifications as are required of the elective
official.

2. If a special election is held pursuant
to paragraph (b) of subsection 1:

(a) The City Council shall meet to canvass the election
returns and declare the result pursuant to section 5.100; and

(b) The person elected to fill the remainder of
an unexpired term shall enter upon the discharge of his or her respective
duties at the first meeting of the City Council held after the canvass of
returns is made.

(a) Hold any other elective office with the State
of Nevada or any of its political subdivisions or any other employment with the
City, except as provided by law, as a member of a board or commission which is
ancillary to the office which he or she holds or as a member of the board of
trustees of a county school district.

(b) Be elected or appointed to any office created
by or the compensation for which was increased or fixed by the City Council
until 1 year after the expiration of the term for which he or she was elected.

2. Any person holding any office
proscribed by subsection 1 automatically forfeits his or her office as Mayor or
Council Member.

Sec. 1.110 Oath
of office.Every person elected or
appointed to fill any elective office shall subscribe to the official oath as
provided by the City Council. Every such person shall swear or affirm that he
or she is not under any direct or indirect obligation to vote for, appoint or
elect any person to any office, position or employment in the City government.

(c) The remaining members of the City Council
shall each appoint one member;

(d) The members of the Senate delegation
representing the residents of the City and belonging to the majority party of
the Senate shall appoint two members;

(e) The members of the Senate delegation
representing the residents of the City and belonging to the minority party of
the Senate shall appoint one member;

(f) The members of the Assembly delegation
representing the residents of the City and belonging to the majority party of
the Assembly shall appoint two members; and

(g) The members of the Assembly delegation
representing the residents of the City and belonging to the minority party of
the Assembly shall appoint one member.

2. Each member of the Charter Committee:

(a) Must be a registered voter of the City;

(b) Must reside in the City during his or her
term of office; and

(c) Serves without compensation.

3. The term of office of a member of the
Charter Committee is concurrent with the term of the person or persons, as
applicable, by whom the member was appointed. If the term of office of any
person making an appointment ends by resignation or otherwise, the term of
office of a member of the Charter Committee appointed by that person ends on
the day that the person resigns or otherwise leaves office.

4. If a vacancy occurs on the Charter
Committee, the vacancy must be filled in the same manner as the original
appointment for the remainder of the unexpired term.

1. Elect a Chair and Vice Chair from among
its members, who each serve for a term of 2 years;

2. Meet at least once every 2 years before
the beginning of each regular session of the Legislature and when requested by
the City Council or the Chair of the Committee; and

3. Appear before the City Council on a
date to be set after the final biennial meeting of the Charter Committee is
conducted pursuant to subsection 2 and before the beginning of the next regular
session of the Legislature to advise the City Council with regard to the
recommendations of the Charter Committee concerning necessary amendments to
this Charter.

Sec. 2.010 City
Council: Qualifications; election; term of office; salary.

1. The legislative power of the City is
vested in a City Council consisting of four Council Members and the Mayor.

2. The Mayor must be:

(a) A bona fide resident of the territory which
is established by the boundaries of the City for the 12 months immediately
preceding the last day for filing a declaration of candidacy for the office.

(b) A qualified elector within the City.

3. Each Council Member must be:

(a) A bona fide resident of the territory which
is established by the boundaries of the City for the 12 months immediately
preceding the last day for filing a declaration of candidacy for the office.

(b) A qualified elector within the ward which he
or she represents.

(c) A resident of the ward which he or she
represents for at least 30 days immediately preceding the last day for filing a
declaration of candidacy for the office, except that changes in ward boundaries
pursuant to the provisions of section 1.040 do not affect the right of any
elected Council Member to continue in office for the term for which he or she
was elected.

4. All Council Members, including the
Mayor, must be voted upon by the registered voters of the City at large and,
except as otherwise provided in section 5.020, shall serve for terms of 4
years.

5. The Mayor and Council Members are
entitled to receive a salary in an amount fixed by the City Council. The City
Council shall not adopt an ordinance which increases or decreases the salary of
the Mayor or the Council Members during the term for which they have been
elected or appointed.

Sec. 2.020 City
Council: Contracts.Members of the
City Council may vote on any lease, contract or other agreement which extends
beyond their terms of office.

(Ch. 266, Stats. 1971 p. 405)

Sec. 2.030 City
Council: Discipline of members and other persons; subpoena power.

1. The City Council may:

(a) Provide for the punishment of any member for
disorderly conduct committed in its presence.

(b) Order the attendance of witnesses and the
production of all documents and data relating to any business before the City
Council.

2. If any person ordered to appear before
the City Council or to produce documents or data fails to obey such order:

(a) The City Council or any member thereof may
direct the City Attorney to apply to the Municipal Court for a subpoena
commanding the attendance of the person before the City Council or production
of the documents or data to the City Council.

(b) A Municipal Judge may issue the subpoena, and
any peace officer may serve it.

(c) If the person upon whom the subpoena is served
fails to obey it, the Municipal Court may issue an order to show cause why such
person should not be held in contempt of the Municipal Court and upon hearing
of the matter may adjudge such person guilty of contempt and punish him or her
accordingly.

1. The City Council shall hold at least
two regular meetings each month, and by ordinance may provide for additional
regular meetings.

2. Except as otherwise provided in NRS 241.0355, a majority of all
members of the City Council constitutes a quorum to do business, but a lesser
number may meet and recess from time to time, and compel the attendance of the
absent members.

3. Except as otherwise provided by law,
all sessions and all proceedings of the City Council must be public.

1. Special meetings may be held on call of
the Mayor or by a majority of the City Council, by giving notice of the special
meeting pursuant to NRS 241.020.

2. At a special meeting no contract
involving the expenditure of money may be made or claim allowed unless notice
of the meeting called to consider the action is given pursuant to the
provisions of NRS 241.020.

1. Fix the time and place of its meetings
and judge the qualifications and election of its own members.

2. Adopt rules for the government of its
members and proceedings.

(Ch. 266, Stats. 1971 p. 405)

Sec. 2.070 Oaths
and affirmations.The Mayor, the
Mayor pro tempore while acting for the Mayor and the City Clerk may administer
oaths and affirmations relating to any business pertaining to the City before
the City Council or to be considered by the City Council.

(Ch. 266, Stats. 1971 p. 405)

Sec. 2.080 Powers
of City Council: Ordinances, resolutions and orders.

1. The City Council may make and pass all
ordinances, resolutions and orders not repugnant to the Constitution of the
United States or the State of Nevada, or to the provisions of Nevada Revised
Statutes or of this Charter, necessary for the municipal government and the
management of the affairs of the City, and for the execution of all the powers
vested in the City.

2. When power is conferred upon the City
Council to do and perform anything, and the manner of exercising such power is
not specifically provided for, the City Council may provide by ordinance the
manner and details necessary for the full exercise of such power.

3. The City Council may enforce ordinances
by providing penalties not to exceed those established by the Legislature for
misdemeanors.

4. The City Council has such powers, not
in conflict with the express or implied provisions of this Charter, as are
conferred generally by statute upon the governing bodies of cities organized
under a special charter.

1. No ordinance may be passed except by
bill and by a majority vote of the whole City Council. The style of all
ordinances shall be as follows: “The City Council of the City of Henderson does
ordain:”.

2. No ordinance shall contain more than
one subject, which shall be briefly indicated in the title. Where the subject
of the ordinance is not so expressed in the title, the ordinance is void as to
the matter not expressed in the title.

3. Any ordinance which amends an existing
ordinance shall set out in full the ordinance or sections thereof to be
amended, and shall indicate matter to be omitted by enclosing it in brackets
and shall indicate new matter by underscoring or by italics.

(Ch. 266, Stats. 1971 p. 406)

Sec. 2.100 Ordinances:
Enactment procedure; emergency ordinances.

1. All proposed ordinances when first
proposed must be read to the City Council by title and referred to a committee
for consideration, after which an adequate number of copies of the proposed
ordinance must be filed with the City Clerk for public distribution. Except as
otherwise provided in subsection 3, notice of the filing must be published once
in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, and published in the
City at least 10 days before the adoption of the ordinance. The City Council
shall adopt or reject the ordinance or an amendment thereto, within 30 days
after the date of publication.

2. At the next regular meeting or special
meeting of the City Council following the proposal of an ordinance and its
reference to committee, the committee shall report the ordinance back to the
City Council. Thereafter, it must be read by title only, and thereupon the
proposed ordinance must be finally voted upon or action thereon postponed.

3. In cases of emergency or where the
ordinance is of a kind specified in section 7.040, by unanimous consent of the
City Council, final action may be taken immediately or at a special meeting
called for that purpose, and no notice of the filing of the copies of the
proposed ordinance with the City Clerk need be published.

4. All ordinances must be signed by the
Mayor, attested by the City Clerk and published at least once by title,
together with the names of the Council Members voting for or against passage,
in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the
City, before the ordinance becomes effective. The City Council may, by majority
vote, order the publication of the ordinance in full in lieu of publication by
title only.

5. The City Clerk shall keep a record of
all ordinances together with the affidavits of publication.

Sec. 2.110 Powers
of City Council: Public property, buildings.The
City Council may:

1. Control the property of the
corporation.

2. Erect and maintain all buildings
necessary for the use of the City.

3. Purchase, receive, hold, sell, lease,
convey and dispose of property, wherever situated, for the benefit of the City,
improve and protect such property, and do all other things in relation thereto
which natural persons might do.

1. The City Council may enact and enforce
such local police ordinances as are not in conflict with the general laws of
the State of Nevada.

2. Any offense made a misdemeanor by the
laws of the State of Nevada shall also be deemed to be a misdemeanor in the
City whenever such offense is committed within the City.

(Ch. 266, Stats. 1971 p. 407)

Sec. 2.160 Powers
of City Council: Fire protection; regulation of explosives, inflammable
materials; fire codes and regulations.The
City Council may:

1. Organize, regulate and maintain a Fire
Department.

2. Regulate or prohibit the storage of any
explosive, combustible or inflammable material in or transported through the
City, and prescribe the distance from any residential or commercial area where
it may be kept. Any ordinance adopted pursuant to this subsection that
regulates places of employment where explosives are stored must be at least as
stringent as the standards and procedures adopted by the Division of Industrial
Relations of the Department of Business and Industry pursuant to NRS 618.890.

3. Establish, by ordinance, a fire code
and other regulations necessary to carry out the purposes of this section.

1. The City Council may acquire, install,
maintain, operate and regulate parking meters at the curbs of the streets or
upon publicly owned property made available for public parking. The parking
fees to be charged for the use of the parking facilities regulated by parking
meters must be fixed by the City Council.

2. Except as otherwise provided by this
Charter, the City Council may acquire property within the City by any lawful
means, including eminent domain, for the purpose of establishing off-street
public parking facilities for vehicles. The City Council may, in bonds issued
to acquire property for this purpose, pledge the on-street parking revenues,
the general credit of the City, or both, to secure the payment of the principal
and interest thereon.

Sec. 2.260 Powers
of City Council: Abatement of noxious insects, rats and disease-bearing
organisms.The City Council may
take all steps necessary and proper for the extermination of noxious insects,
rats and other disease-bearing organisms, either in the city or in territory
outside the City but so situated that such insects, rats and disease-bearing
organisms migrate or are carried into the City.

(Ch. 266, Stats. 1971 p. 410)

Sec. 2.270 Powers
of City Council: Sanitary sewer facilities.The
City Council may:

1. Provide for a sanitary sewer system or
any part thereof, and obtain property therefor either within or without the
City.

2. Sell any product or by-product thereof
and acquire the appropriate outlets within or without the City and extend the sewer
lines thereto.

3. Establish sewer fees and provide for
the enforcement and collection thereof.

(Ch. 266, Stats. 1971 p. 410)

Sec. 2.280 Powers
of City Council: Provision of utilities.

1. Except as otherwise provided in
subsection 2 and section 2.285, the City Council may:

(a) Provide, by contract, franchise or public
enterprise, for any utility to be furnished to the City for the residents
thereof.

(b) Provide for the construction of any facility
necessary for the provision of such utilities.

(c) Fix the rate to be paid for any utility
provided by public enterprise. Any charges due for services, facilities or
commodities furnished by any utility owned by the City is a lien upon the
property to which the service is rendered and must be perfected by filing with
the County Recorder of Clark County a statement by the City Clerk of the amount
due and unpaid and describing the property subject to the lien. Each such lien
must:

(1) Be coequal with the latest lien
thereon to secure the payment of general taxes.

(2) Not be subject to extinguishment by
the sale of any property on account of the nonpayment of general taxes.

(3) Be prior and superior to all liens,
claims, encumbrances and titles other than the liens of assessments and general
taxes.

2. The City Council:

(a) Shall not sell telecommunication service to
the general public.

(b) May purchase or construct facilities for
providing telecommunication that intersect with public rights-of-way if the
governing body:

(1) Conducts a study to evaluate the costs
and benefits associated with purchasing or constructing the facilities; and

(2) Determines from the results of the
study that the purchase or construction is in the interest of the general
public.

3. Any information relating to the study
conducted pursuant to subsection 2 must be maintained by the City Clerk and
made available for public inspection during the business hours of the Office of
the City Clerk.

4. Notwithstanding the provisions of
paragraph (a) of subsection 2, an airport may sell telecommunication service to
the general public.

5. As used in this section:

(a) “Telecommunication” has the meaning ascribed
to it in NRS 704.025.

(b) “Telecommunication service” has the meaning
ascribed to it in NRS 704.028.

(a) Impose
any terms or conditions on a franchise for the provision of telecommunication
service or interactive computer service other than terms or conditions
concerning the placement and location of the telephone or telegraph lines and
fees imposed for a business license or the franchise, right or privilege to
construct, install or operate such lines.

(b) Require
a company that provides telecommunication service or interactive computer
service to obtain a franchise if it provides telecommunication service over the
telephone or telegraph lines owned by another company.

(c) Require
a person who holds a franchise for the provision of telecommunication service
or interactive computer service to place its facilities in ducts or conduits or
on poles owned or leased by the City.

2. As
used in this section:

(a) “Interactive
computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2), as
that section existed on January 1, 2007.

(b) “Telecommunication
service” has the meaning ascribed to it in NRS 704.028.

Sec. 2.310 Apportionment
of County General Road Fund; use of money by City Council.

1. The Board of County Commissioners of
Clark County shall, from time to time, upon the request of the City Council,
apportion to the City such proportion of the General Fund of Clark County as
the value of the whole property within the corporate limits of the City, as
shown by the latest assessment roll, bears to the whole property of the County,
inclusive of the property within the limits of the City.

2. All such moneys so apportioned and
received by the City shall be expended upon the streets, alleys and public
highways of the City under the direction and control of the City Council.

1. Subject to the provisions of this
section and any applicable provisions of chapter
268 of NRS, the City may sell, lease or exchange real property in Clark
County, Nevada, acquired by the City pursuant to federal law from the United
States of America.

2. The City may sell, lease or exchange
real property only by resolution. Following the adoption of a resolution to
sell, lease or exchange, the City Council shall cause a notice of its intention
to sell, lease or exchange the real property to be published once in a
newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the
City. The notice must be published at least 30 days before the date set by the
City Council for the sale, lease or exchange, and must state:

(a) The date, time and place of the proposed
sale, lease or exchange.

(b) The place where and the time within which
applications and deposits may be made by prospective purchasers or lessees.

(c) Such other information as the City Council
desires.

3. It must be the policy of the City
Council to sell, lease and exchange real property in a manner that will result
in the maximum benefit accruing to the City from the sales, leases and
exchanges. The City Council may attach any condition to the sale, lease or exchange
as appears to the City Council to be in the best interests of the City.

4. The City Council may sell unimproved
real property owned by the City on a time payment basis. The down payment must
be in an amount determined by the City Council, and the interest rate must be
in an amount determined by the City Council, but must not be less than 6
percent per annum on the declining balance.

5. The City Council may dispose of any
real property belonging to the City to the United States of America, the State
of Nevada, Clark County, any other political subdivision of the State, or any quasi-public
or nonprofit entity for a nominal consideration whenever the public interest
requires such a disposition. In any such case, the consideration paid must
equal the cost of the acquisition to the City.

6. The City Council may sell, lease or
exchange real property for less than its appraised value to any person who
maintains or intends to maintain a business within the boundaries of the City
which is eligible pursuant to NRS
374.357 for an abatement from the sales and use taxes imposed pursuant to chapter 374 of NRS.

7. Proceeds from all sales and exchanges
of real property owned by the City, after deduction of the cost of the real
property, legal fees, reasonable costs of publication, title insurance, escrow
and normal costs of sale, must be placed in the Land Fund previously created by
the City in the City Treasury and hereby continued. Except as otherwise
provided in subsection 8, money in the Land Fund may be expended only for:

(a) Acquisition of assets of a long-term
character which are intended to continue to be held or used, such as land,
buildings, machinery, furniture, computer software and other equipment.

(b) Capital improvements of improvements thereon.

(c) Expenses incurred in the preparation of a
long-term comprehensive master planning study and any expenses incurred in the
master planning of the City.

(d) All costs, including salaries, for
administration of the Land Fund, and the land within the City.

(e) Expenses incurred in making major
improvements and repairs to the water, sewer and street systems as
differentiated from normal maintenance costs.

(f) Legal fees relating to the purchase, sale,
lease or maintenance of the real property.

Ê Money
received from leases of real property owned by the City must be placed in the
Land Fund if the term of lease is 20 years or longer, whether the 20 years is
for an initial term of lease or for an initial term and an option for renewal.

(a) Serve as a member of the City Council and
preside over its meetings.

(b) Have no administrative duties.

(c) Be recognized as the head of the City
government for all ceremonial purposes.

(d) Perform such emergency duties as may be
necessary for the general health, welfare and safety of the City.

(e) Perform such other duties, except
administrative duties, as may be prescribed by ordinance or by the provisions
of Nevada Revised Statutes which apply to a mayor of a city organized under the
provisions of a special charter.

2. The City Council shall elect one of its
members to be Mayor pro tempore. Such person shall:

(a) Hold such office and title, without
additional compensation, during the term for which he or she was elected.

(b) Perform the duties of Mayor during the
absence or disability of the Mayor.

(c) Act as Mayor until the next municipal
election if the office of Mayor becomes vacant.

(Ch. 266, Stats. 1971 p. 412)

Sec. 3.020 City
Manager: Duties.

1. The City Manager is the Chief Executive
Officer of the City and shall perform such administrative and executive duties
as the City Council may designate. His or her duties and salary must be set by
the City Council.

2. The City Manager may appoint such
clerical and administrative assistants as he or she may deem necessary, subject
to the approval of the City Council.

3. The Mayor or a Council Member may not
be appointed as City Manager during the term for which he or she was elected or
within 1 year after the expiration of his or her term.

1. Keep the corporate seal and all books,
records and historical papers belonging to the City.

2. Attend all meetings of the City Council
and keep an accurate journal of its proceedings, including a record of all
ordinances, bylaws and resolutions passed or adopted by it. After approval at
each meeting of the City Council, the City Clerk shall attest the journal after
it has been signed by the Mayor.

3. Enter upon the journal the result of
the vote of the City Council upon the passage of all ordinances and
resolutions.

1. The County Assessor of Clark County
shall be ex officio City Assessor of the City. The County Assessor shall
perform such duties for the City without additional compensation.

2. Upon request of the ex officio City
Assessor, the City Council may appoint and set the salary of a Deputy City
Assessor to perform such duties relative to city assessments as may be deemed
necessary.

(Ch. 266, Stats. 1971 p. 414)

Sec. 3.110 Executive
Officers: Residence.All Executive
Officers must reside within the City during the term of their employment unless
the City Council waives this requirement because of hardship or other
extenuating circumstances.

1. All fines, forfeitures or other money
except taxes collected or recovered by any employee of the City or other person
pursuant to the provisions of this Charter or of any valid ordinance of the
City must be paid by the employee or person collecting or receiving them to the
Chief Financial Officer, who shall dispose of them in accordance with the
ordinances, regulations and procedures established by the City Council.

2. The City Council, City Manager or City
Attorney may by proper legal action collect all money, including taxes, which
are due and unpaid to the City or any office thereof, and the City Council may
pay from the General Fund all fees and expenses necessarily incurred by it in
connection with the collection of such money.

1. No Council Member or the Mayor may
direct or request the appointment of any person to, or his or her removal from,
office by the City Manager or by any of his or her subordinates, or, except as
otherwise provided in section 1.090, in any manner take part in the appointment
or removal of Executive Officers and employees unless the removal is authorized
pursuant to section 3.150.

2. Except for the purpose of inquiry, the
Council and its members shall deal with employees solely through the City
Manager, City Attorney or City Clerk, as applicable, or their designees.
Neither the Council nor any member thereof may give orders to any subordinate
of the City Manager, City Attorney or City Clerk, either publicly or privately.

Sec. 3.150 Removal
of certain Executive Officers.If
the City Manager, City Attorney or City Clerk is adjudged guilty of
nonfeasance, misfeasance or malfeasance in office, the City Council may
terminate the City Manager, City Attorney or City Clerk, as applicable,
pursuant to the terms of his or her employment agreement, if there is an
employment agreement between the City and the City Manager, City Attorney or
City Clerk, as applicable. The City Council may fill the vacancy so caused as
provided by law.

1. There is a Municipal Court of the City
which consists of at least one department. Each department must be presided
over by a Municipal Judge and has such power and jurisdiction as is prescribed
in, and is, in all respects which are not inconsistent with this Charter,
governed by, the provisions of chapters 5
and 266 of NRS which relate to
municipal courts.

2. The City Council may from time to time
establish additional departments of the Municipal Court and shall appoint an
additional Municipal Judge for each.

3. At the first primary or general
municipal election which follows the appointment of an additional Municipal
Judge to a newly created department of the Municipal Court, the successor to
that Municipal Judge must be elected for a term of not more than 5 years, as
determined by the City Council, in order that, as nearly as practicable,
one-third of the number of Municipal Judges be elected every 2 years.

4. Except as otherwise provided in
subsection 3, each Municipal Judge must be voted upon by the registered voters
of the City at large and, except as otherwise provided in section 5.020, shall
serve for a term of 6 years.

5. The respective departments of the
Municipal Court must be numbered 1 through the appropriate Arabic number, as
additional departments are approved by the City Council. A Municipal Judge must
be elected for each department by number.

6. The Senior Municipal Judge is selected
by a majority of the sitting judges for a term of 2 years. If no Municipal
Judge receives a majority of the votes, the Senior Municipal Judge is the
Municipal Judge who has continuously served as a Municipal Judge for the longest
period.

1. Each Municipal Judge must have been a
resident of the territory which is established by the boundaries of the City
for the 12 months immediately preceding the last day for filing a declaration
of candidacy for the office.

2. Each Municipal Judge shall devote his
or her full time to the duties of his or her office and must be a duly licensed
member, in good standing, of the State Bar of Nevada.

3. The salary of each Municipal Judge must
be fixed by the City Council and be uniform for all departments of the
Municipal Court. The salary may be increased during the terms for which the
Judges are elected or appointed.

1. Except as otherwise provided in section
5.020, a primary municipal election must be held on the Tuesday after the first
Monday in April of each odd-numbered year, at which time there must be
nominated candidates for offices to be voted for at the next general municipal
election.

2. A candidate for any office to be voted
for at any primary municipal election must file a declaration of candidacy as
provided by the election laws of this State.

3. All candidates for elective office must
be voted upon by the registered voters of the City at large.

4. If in the primary municipal election no
candidate receives a majority of votes cast in that election for the office for
which he or she is a candidate, the names of the two candidates receiving the
highest number of votes must be placed on the ballot for the general municipal
election. If in the primary municipal election, regardless of the number of
candidates for an office, one candidate receives a majority of votes cast in
that election for the office for which he or she is a candidate, he or she must
be declared elected and no general municipal election need be held for that office.
Such candidate shall enter upon his or her respective duties at the second
regular meeting of the City Council held in June of the year of the general
municipal election.

(a) A general municipal election must be held in
the City on the first Tuesday after the first Monday in June of each
odd-numbered year, at which time the registered voters of the City shall elect
city officers to fill the available elective positions.

(b) All candidates for the office of Mayor,
Council Member and Municipal Judge must be voted upon by the registered voters
of the City at large. The term of office for members of the City Council and
the Mayor is 4 years. Except as otherwise provided in subsection 3 of section
4.015, the term of office for a Municipal Judge is 6 years.

(c) On the Tuesday after the first Monday in June
2001, and every 6 years thereafter, there must be elected by the qualified
voters of the City, at a general municipal election to be held for that
purpose, a Municipal Judge for Department 1 who will hold office until his or
her successor has been elected and qualified.

(d) On the Tuesday after the first Monday in June
2003 and every 6 years thereafter, there must be elected by the qualified
voters of the City, at a general municipal election to be held for that
purpose, a Municipal Judge for Department 2 who will hold office until his or
her successor has been elected and qualified.

(e) On the Tuesday after the first Monday in June
2005, and every 6 years thereafter, there must be elected by the qualified
voters of the City, at a general municipal election to be held for that
purpose, a Municipal Judge for Department 3 who will hold office until his or
her successor has been elected and qualified.

2. The City Council may by ordinance
provide for a primary municipal election and general municipal election on the
dates set forth for primary elections and general elections pursuant to the provisions
of chapter 293 of NRS.

3. If the City Council adopts an ordinance
pursuant to subsection 2, the dates set forth in NRS 293.12755, in subsections 2
to 5, inclusive, of NRS 293.165
and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of
conducting the primary municipal elections and general municipal elections.

4. If the City Council adopts an ordinance
pursuant to subsection 2, the ordinance must not affect the term of office of
any elected official of the City serving in office on the effective date of the
ordinance. The next succeeding term for that office may be shortened but may
not be lengthened as a result of the ordinance.

Sec. 5.030 Applicability
of state election laws; elections under City Council control.

1. All elections held under this Charter
are governed by the provisions of the election laws of this State, so far as
those laws can be made applicable and are not inconsistent herewith.

2. The conduct of all municipal elections
is under the control of the City Council. The City Council shall by ordinance
provide for the holding of the election, appoint the necessary officers thereof
and do all the things required to carry the election into effect as it
considers desirable and consistent with law and this Charter.

1. Every person who resides within the
City at the time of holding any municipal election, and whose name appears upon
the official register of voters in and for the City, is entitled to vote at
each municipal election, whether special, primary or general, and for all
officers to be voted for and on all questions that may be submitted to the
people at any such primary, general or special City elections, except as
otherwise provided in this article.

2. Nothing in this Charter shall be so
construed as to deny or abridge the power of the City Council to provide for
supplemental registration.

(Ch. 266, Stats. 1971 p. 416)

Sec. 5.050 Names
on ballots.

1. The full names of all candidates,
except those who have withdrawn, died or become ineligible, must be printed on
the official ballots without party designation or symbol.

2. If two or more candidates have the same
surname or surnames so similar as to be likely to cause confusion and:

(a) None of them is an incumbent, their middle
names or middle initials, if any, must be included in their names as printed on
the ballot; or

(b) One of them is an incumbent, the name of the
incumbent must be listed first and must be printed in bold type.

Sec. 5.060 Ballots
for ordinances and Charter amendments.An
ordinance or Charter amendment to be voted on in the City shall be presented
for voting by ballot title. The ballot title of a measure may differ from its
legal title and shall be a clear, concise statement describing the substance of
the measure without argument or prejudice. Below the ballot title shall appear
the following question: “Shall the above described (ordinance) (amendment) be
adopted?” The ballot or voting machine or device shall be so marked as to
indicate clearly in what manner the voter may cast his or her vote, either for
or against the ordinance or amendment.

(Ch. 266, Stats. 1971 p. 417; A—Ch. 669, Stats. 1971
p. 2053)

Sec. 5.070 Availability
of lists of registered voters.Any
person who desires a copy of a list of registered voters in the City may obtain
a copy pursuant to the provisions of NRS
293.440.

1. The election returns from any special,
primary or general municipal election must be filed with the City Clerk, who
shall immediately place the returns in a safe or vault, and no person may
handle, inspect or in any manner interfere with the returns until canvassed by
the City Council.

2. The City Council shall meet at any time
within 10 days after any election and canvass the returns and declare the
result. The election returns must then be sealed and kept by the City Clerk for
6 months. No person may have access to the returns except on order of a court
of competent jurisdiction or by order of the City Council.

3. The City Clerk, under his or her hand
and official seal, shall issue to each person elected a certificate of
election. Except as otherwise provided in section 1.070, the officers so
elected shall qualify and enter upon the discharge of their respective duties
at the second regular meeting of the City Council held in June of the year of
the general municipal election.

4. If any election results in a tie, the
City Council shall summon the candidates who received the tie vote and
determine the tie by lot. The City Clerk shall then issue to the winner a
certificate of election.

Sec. 5.110 Contest
of election.A contested election
for any municipal office shall be determined according to the law of the State
regulating proceedings in contested elections in political subdivisions.

(Ch. 266, Stats. 1971 p. 418)

ARTICLE VI - Local Improvements

Sec. 6.010 Local
improvement law.Except as
otherwise provided in subsection 2 of section 2.280 and section 2.285, the City
Council, on behalf of the City and in its name, without any election, may from
time to time acquire, improve, equip, operate and maintain, convert to or
authorize:

Sec. 6.020 Local
improvement law: Collateral powers.The
City Council on behalf of the City for the purpose of defraying all the costs
of acquiring, improving or converting to any project authorized by section
6.010, or any portion of the cost thereof not to be defrayed with money
otherwise available therefor, is vested with the powers granted to
municipalities by chapters 271 and 704A of NRS, as amended from time to
time, but not subject to the procedural limitations contained therein.

1. The City shall not incur an
indebtedness in excess of 15 percent of the total assessed valuation of the
taxable property within the boundaries of the City.

2. In determining any debt limitation
under this section, there shall not be counted as indebtedness:

(a) Any revenue bonds, unless the full faith and
credit of the City is also pledged to their payment.

(b) Any special assessment bonds, although a
deficiency in the proceeds of the assessments is required to be paid from the
General Fund to the City.

(c) Any short-term securities issued in
anticipation of and payable from property taxes levied for the current fiscal
year.

(Ch. 266, Stats. 1971 p. 418)

Sec. 7.020 Acquisition,
operation of municipal utilities. Except
as otherwise provided in subsection 2 of section 2.280 and section 2.285, the
City may, in the manner and for the purposes provided in this Charter and
Nevada Revised Statutes as they apply to cities, grant franchises and acquire
in any manner any public utility, and hold, manage and operate it either alone
or jointly, with any level of government or instrumentality or subdivision
thereof.

1. Subject to the limitations imposed by
this article, the City may borrow money for any corporate purpose, including
without limitation any purpose authorized by this Charter or by Nevada Revised
Statutes for a city, and for such purpose may issue bonds or other securities.
The Local Government Securities Law, as amended from time to time, applies to
all securities so issued except for securities issued under section 6.020.

2. Any property tax levied to pay the
principal of or interest on such indebtedness must be levied upon all taxable
property within the City as provided in NRS 350.590 to 350.602, inclusive.

3. Any ordinance pertaining to the sale or
issuance of bonds or other securities, including without limitation securities
issued under section 6.020, may be adopted in the same manner as is provided
for cases of emergency. A declaration by the City Council in any ordinance that
it is of this kind is conclusive in the absence of fraud or gross abuse of
discretion.

(Ch. 266, Stats. 1971 p. 419; A—Ch. 482, Stats. 1981
p. 973)

ARTICLE VIIA - Trusts for Furtherance of Public Functions

Sec. 7A.010 Trusts
for furtherance of public functions: Authorization to create; purposes;
eligible beneficiaries; power of beneficiary to lease trust property.

1. Express trusts may be created in real
or personal property, or either or both, or in any estate or interest in either
or both, with the City as the beneficiary thereof, and the purpose thereof may
be the furtherance, or the providing of funds for the furtherance, of any
authorized or proper function of the beneficiary; but no funds of the
beneficiary derived from sources other than the trust property, or the operation
thereof, shall be charged with or expended for the execution of the trust,
except by express action of the legislative authority of the beneficiary first
had.

2. The officers or any other governmental
agencies or authorities having the custody, management or control of any
property, real or personal or both, of the beneficiary of such trust, or of
such a proposed trust, which property is necessary for the execution of the
trust purposes, are hereby authorized and empowered to lease such property for
such purposes, after the acceptance of the beneficial interest therein by the
beneficiary as provided in this chapter, or conditioned upon such acceptance.

1. Such trusts may be created by written
instruments, or by will. A written instrument shall be subscribed by the
grantor or grantors and duly acknowledged as conveyances of real property are
acknowledged. Before the same shall become effective the beneficial interest
therein shall be accepted by the governing body of the beneficiary, which power
and authority of acceptance is hereby conferred upon the City Council.
Thereupon the instrument or will, together with the written acceptance of the
beneficial interest endorsed thereon, shall be recorded in the Office of the
County Recorder of each county in which is situated any real property, or any
interest therein, belonging to the trust, as well as in the county where the
trust property is located or its principal operations are conducted.

2. Upon the acceptance of the beneficial
interest by the beneficiary as authorized in subsection 1, the same shall be
and constitute a binding contract between the State of Nevada and the grantor
or grantors, or the executor of the estate of the testator, for the acceptance
of the beneficial interest in the trust property by the designated beneficiary
and the application of the proceeds of the trust property and its operation for
the purposes and in accordance with the stipulations specified by the trustor
or trustors.

3. Such trusts shall have duration for the
term of duration of the beneficiary, or such shorter length of time as is
specified in the instrument or will creating the trust.

1. The instrument or will creating such
trust may provide for the appointment, succession, powers, duties, term and
compensation of the trustee or trustees; and in all such respects the terms of
the instrument or will shall be controlling, except as otherwise provided in subsections
2 and 3. If the instrument or will makes no provision in regard to any of the
foregoing, then the general laws of the State shall control as to such omission
or omissions.

2. All meetings of the trustees shall be
open to the public to the same extent as required by chapter 241 of NRS for state and local
agencies. If the trustee is a partnership, corporation or banking association,
this requirement applies to that part of every meeting of the partners or
directors at which trust affairs are discussed.

3. All records of the trust are public
records and shall be kept in a place which is identified by documents recorded
in the Office of the County Recorder of each county in which the instrument
creating the trust is recorded.

1. The trustee or trustees under such an
instrument or will may be two or more natural persons or a partnership,
corporation, national banking association or state banking association, and
such trustee or trustees shall be an agency of the State and the regularly
constituted authority of the beneficiary for the performance of the functions
for which the trust has been created.

2. The provisions of NRS 164.700 to 164.775, inclusive, relating to the
standard of care for a trustee in investing and managing trust property apply
to the trustee or trustees of a trust created by a written instrument or will
pursuant to this chapter.

3. No trustee or beneficiary shall be
charged personally with any liability whatsoever by reason of any act or
omission committed or suffered in the performance of such trust or in the
operation of the trust property; but any act, liability for any omission or
obligation of a trustee or trustees, in the execution of such trust, or in the
operation of the trust property, shall extend to the whole of the trust estate,
or so much thereof as may be necessary to discharge such liability or
obligation, and not otherwise.

1. The trustee or trustees of every trust
created for the benefit and furtherance of any public function with the City as
the beneficiary thereof shall cause an audit to be made of the funds, accounts
and fiscal affairs of such trust, such audit to be ordered within 30 days of
the close of each fiscal year of the trust.

2. The audits required by subsection 1
shall be certified with the unqualified opinion of a certified public
accountant or a public accountant notwithstanding any lesser requirement by any
instrument under which the trust may have covenanted for an audit to be made or
furnished. One copy of the annual audit shall be filed with the Legislative Auditor
of the Legislative Counsel Bureau and one copy with each beneficiary of the
trust not later than 90 days following the close of each fiscal year of the
trust.

3. If a copy of the required audit is not
filed with the Legislative Auditor of the Legislative Counsel Bureau within the
time provided, the Legislative Auditor is authorized to employ, at the cost and
expense of the trust, a certified public accountant or a public accountant to
make the required audit.

4. The necessary expense of such audits,
including the cost of typing, printing and binding, shall be paid from funds of
the trust.

(Added—Ch. 694, Stats. 1975 p. 1411)

Sec. 7A.060 Franchise
not required for acquisition, ownership or operation of trust property.No franchise is required for the acquisition,
ownership or operation of any properties of a trust created for the benefit and
furtherance of any public function.

(Added—Ch. 694, Stats. 1975 p. 1411)

Sec. 7A.070 Approval
of certain contracts and resolutions required.The
trustees shall not enter into contracts for the acquisition or construction of
buildings or public improvements or for the acquisition or disposal of trust
properties by purchase, lease, gift, bequest or devise or any other lawful
means until such contract is first approved by the City Council by ordinance.
The City Council shall so approve the resolution providing for the issuance of
bonds or other securities to be issued by the trustees and proposed terms of
sale thereof but is not required to approve the award of such bonds to the
purchaser thereof if such bonds are sold in compliance with the resolution of
issuance and terms of sale.

(Added—Ch. 694, Stats. 1975 p. 1411)

Sec. 7A.080 Approval
of financing method, underwriters by State Board of Finance.The State Board of Finance shall first review
and approve the method of finance proposed by any trust created pursuant to the
former provisions of NRS
242B.010 to 242B.100,
inclusive, or the provisions of this article, and must approve the underwriter
or financial institution preparing and offering the proposed issue for sale, as
to the financial responsibility of such underwriter or financial institution,
before such issue may be offered or sold.

(Added—Ch. 694, Stats. 1975 p. 1411)

Sec. 7A.090 Exemption
from securities laws.

1. The provisions of the State Securities
Law, the Local Government Securities Law, the University Securities Law, or of
any other general, special or local statute relating to the issuance of public
securities or other debt obligations do not apply to a trust created for the
benefit and furtherance of any public function.

2. All bonds issued by any trust created
for the benefit and furtherance of any public function must:

(a) Be sold at public or private sale, as
determined by the trustees and approved by the City Council. If the bonds are
offered at public sale, but no satisfactory bids are received from responsible
bidders at the public sale, the bonds may be sold at private sale.

(b) Be secured:

(1) By property, real or personal or both,
having a market value equal to at least twice the principal amount of the bonds
sold; or

(2) By gross revenues from an existing
revenue producing facility equal to at least one and one-half times the average
annual debt service payable on the bonds.

Sec. 7A.100 Competitive
bidding not required.Except as
otherwise provided in section 7A.090, no statute, general, special or local,
requiring competitive bidding applies to a trust created for the benefit and
furtherance of a public function.

(Added—Ch. 694, Stats. 1975 p. 1412)

Sec. 7A.110 Termination
of trust.Any trust created for
the benefit and furtherance of a public function may be terminated by agreement
of the trustee, or if there is more than one, then all of the trustees, and the
governing body of the beneficiary, with the approval of the Governor of the
State of Nevada; but such trust shall not be terminated while there exists outstanding
any contractual obligations chargeable against the trust property, which, by
reason of such termination, might become an obligation of the beneficiary of
such trust.

(Added—Ch. 694, Stats. 1975 p. 1412)

ARTICLE VIII - Revenue

Sec. 8.010 Municipal
taxes.

1. The City Council shall annually, at the
time prescribed by law for levying taxes for State and County purposes, levy a
tax at a rate allowable under applicable provisions of the Nevada Revised
Statutes upon the assessed value of all real and personal property within the
City except as provided in the Local Government Securities Law and the
Consolidated Local Improvements Law, as amended from time to time. The taxes so
levied shall be collected at the same time and in the same manner and by the
same officers, exercising the same functions, as prescribed in the laws of the
State of Nevada for collection of State and County taxes. The revenue laws of
the State shall, in every respect not inconsistent with the provisions of this
Charter, be applicable to the levying, assessing and collecting of the
municipal taxes.

2. In the matter of equalization of
assessments, the rights of the City and the inhabitants thereof shall be
protected in the same manner and to the same extent by the action of the County
Board of Equalization as are the State and County.

3. All forms and blanks used in levying,
assessing and collecting the revenues of the State and counties shall, with
such alterations or additions as may be necessary, be used in levying,
assessing and collecting the revenues of the City. The City Council shall enact
all such ordinances as it may deem necessary and not inconsistent with this
Charter and the laws of the State for the prompt, convenient and economical
collecting of the revenue.

Sec. 8.020 Revenue
ordinances.The City Council may
pass and enact all ordinances necessary to carry into effect the revenue laws
in the City and to enlarge, fix and determine the powers and duties of all
officers in relation thereto.

(Ch. 266, Stats. 1971 p. 420)

Sec. 8.030 Taxes
paid to County Treasurer; transfers of money to City Treasury.Repealed. (See chapter 266, Statutes of Nevada
2013, at page 1218.)

1. There is hereby created a System of
Civil Service, applicable to and governing the employment of all employees of
the City except Executive Officers, department directors, senior department
directors, division heads, assistant city attorneys, any other attorney
employed by the Office of the City Attorney, assistants to the City Manager,
the Municipal Court Administrator, any elected officer, any employee that
reports directly to an elected officer, any probationary employee, any
temporary employee and any other employee excluded from the System by
ordinance.

2. The System of Civil Service must be
administered by a Civil Service Board composed of five persons appointed by the
City Council.

3. The Board shall prepare regulations
governing the System of Civil Service to be adopted by the City Council. The
regulations must provide for:

(a) Examination of potential employees.

(b) Procedures for recruitment and placement.

(c) Classification of positions.

(d) Procedures for promotion, disciplinary
actions and removal of employees.

(e) Such other matters as the Board may deem
necessary.

4. Copies of the regulations governing the
System of Civil Service must be distributed to all employees of the City.

5. An employee of the City who is included
in the System of Civil Service and accepts a position that is excluded from the
System pursuant to subsection 1 does not retain any rights or privileges within
the System.

Sec. 10.010 Severability
of provisions.If any portion of
this Charter is held to be unconstitutional or invalid for any reason by the
decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portion of this Charter. The Legislature hereby
declares that it would have passed the Charter and each portion thereof,
irrespective of the portion which may be deemed unconstitutional or otherwise
invalid.

(Ch. 266, Stats. 1971 p. 422)

Sec. 10.020 Effect
of enactment of Charter.

1. All rights and property of every kind
and description which were vested in the City prior to the enactment of this
Charter shall be vested in the same municipal corporation on the effective date
of this Charter. No right or liability, either in favor of or against such
corporation existing at the time of becoming incorporated under this Charter,
and no action or prosecution shall be affected by such change, but it shall
stand and progress as if no change had been made.

2. Whenever a different remedy is given by
this Charter, which may properly be made applicable to any right existing at
the time of such City so becoming incorporated under this Charter, such remedy
shall be cumulative to the remedy before provided, and used accordingly.

3. All ordinances and resolutions in
effect in the City prior to the effective date of this Charter shall, unless in
conflict with the provisions of this Charter, continue in full force and effect
until amended or repealed.

4. The enactment of this Charter shall not
effect any change in the legal identity of the City.

5. The enactment of this Charter shall not
be construed to repeal or in any way affect or modify:

(a) Any special, local or temporary law.

(b) Any law or ordinance making an appropriation.

(c) Any ordinance affecting any bond issue or by
which any bond issue may have been authorized.

(d) The running of the statute of limitations in
force at the time this Charter becomes effective.

(e) Any bond of any public officer.

(Ch. 266, Stats. 1971 p. 422)

TRUSTS FOR THE FURTHERANCE OF PUBLIC FUNCTIONS

Chapter 694, Statutes
of Nevada 1975

AN ACT relating to trusts of the furtherance of public functions;
repealing the provisions of chapter
242B of NRS for their creation; adding similar provisions to the charter of
the City of Henderson; preserving existing and certain potential rights and
liabilities; and providing other matters properly relating thereto.

[Approved May 26, 1975]

The
People of the State of Nevada, represented in Senate and Assembly, do enact as
follows:

Sec. 6. 1. Any
application for the establishment of a project by a trust which became
effective prior to April 10, 1975, to be financed by the issuance of securities
pursuant to the former provisions of chapter 242B of NRS which
was received by the intended beneficiary on or before April 10, 1975, may be
accepted at any time, the details of the project may be modified after
acceptance of the application, and the beneficial interest may be accepted by
the beneficiary as proposed or modified, to the same extent as if this act had
not been passed.

2. Any securities necessary for the
acquisition of any property appropriate for the furtherance of a public
function by a trust which became effective prior to April 10, 1975, with
respect to which the beneficiary has accepted the beneficial interest prior to
the effective date of this act or pursuant to subsection 1 may be issued at any
time thereafter and are valid and enforceable to the same extent as if this act
had not been passed. Any other securities which are issued on or after the
effective date of this act by any trust of which the City of Henderson is a
beneficiary shall be issued in compliance with the provisions of the city
charter relating to such trusts.